Paris (AFP)
Journalist Sandra Muller, initiator of the #balancetonporc movement, won the battle Wednesday before the Paris Court of Appeal which dismissed the man suing her for defamation after accusations of sexual harassment.
The court overturned "in all provisions" the judgment at first instance of the Paris judicial court which, in September 2019, ordered the journalist to pay 15,000 euros in damages to Eric Brion, whom she had accused of sexual harassment.
"Even if Eric Brion may have suffered from being the first man denounced under the #balancetonporc, the benefit of good faith must be recognized for Sandra Muller," said the court.
The offending tweet was "published within the framework of a debate of general interest on the liberation of the speech of the women, with a sufficient factual basis as for the content of the remarks attributed to Eric Brion", also underlined the court.
The court's decision is highly symbolic and was watched over by many feminist associations.
The sharp word #balancetonporc, after that of #metoo (#moiaussi), marked the start of a huge movement to liberate women in France.
"This decision is for me a relief and useful for the cause of women", reacted Mrs. Muller on her twitter account from New York where she resides.
"This is obviously a huge relief for Sandra Muller and for us after a long and difficult legal fight," said the journalist's lawyer, Me Jade Dousselin, to AFP.
The lawyer praised a "courageous and historic" decision.
"The Court of Appeal said to the victims, to all those who spoke, to all those who spoke the truth: + those there, justice will not condemn them +", added Me Dousselin.
"I am happy for the cause of women," responded Me Francis Szpiner, another lawyer for Ms. Muller.
- "Broken life" -
Contacted by AFP, Eric Brion's lawyer, Me Marie Burguburu, expressed her "disappointment".
The court did not dispute the defamatory nature of Ms. Muller's tweets, said the lawyer who admitted that her client had made "inappropriate remarks" against the journalist.
"He was brave to recognize it spontaneously," said his lawyer.
"It was not sexual harassment," she added.
She said that Mr. Brion's advice "was considering" a cassation appeal.
On October 13, 2017, Sandra Muller wrote in a tweet: "#balancetonporc !! you too tell by giving the name and details a sexual harass (sic) that you have known in your job. I am waiting for you".
Four hours later, she published another message on the social network: "+ You have big breasts. You are my type of woman. I'm going to make you cum all night long + Eric Brion ex-boss of Equidia #balancetonporc".
Using this keyword or that #Metoo (#MoiAussi), following the Weinstein scandal, thousands of women spoke out to denounce harassment or sexual assault.
"From the publication of this tweet, my life was totally shattered," Eric Brion, consultant and former managing director of the Equidia television channel, said during the trial at first instance.
Mr. Brion had admitted to having had inappropriate words during a party in Cannes in 2012.
"I could have denied the facts, as many people have been able to do before, word for word. But I chose to admit that I had made some of the words she puts in my mouth," said M Brion on Europe 1 in October 2018.
Not denying the words "you have big breasts, you are my type of woman", he explained to have pronounced them during "a drunken party".
"I do not consider to have harassed her. To harass, it is repetition. I was heavy, asshole, I acted badly".
© 2021 AFP